The Americas

Human rights in Argentina

Do as I say

ARGENTINA's ruling couple have made prosecuting the political violence of the past their signature issue. Néstor Kirchner, the president from 2003 to 2007, and Cristina Fernández de Kirchner, his wife and successor, regularly call for “memory” and “justice” for the victims of the country's 1976-83 military dictatorship. During their time in office, hundreds of ex-soldiers accused of kidnapping, torture and murder have been taken into custody.

No such justice has been extended to the (fewer) victims of Argentina's leftist guerrillas—in fact, many former supporters of such groups have served in the Kirchners' cabinet. But the first couple has deflected charges of a double standard by noting that the 2005 Supreme Court decision allowing “dirty war” cases to be reopened applied exclusively to crimes against humanity, which under Argentine law can only be committed by representatives of the state. On September 30th, however, Ms Fernández sabotaged her claim to support an apolitical reckoning with the past, when her underlings recommended that she grant asylum to a Chilean guerrilla leader.

In June 2004 Chile issued an international arrest warrant for Galvarino Apablaza, who was a leader of the Manuel Rodríguez Patriotic Front (FPMR), an urban guerrilla group set up by the country's Communist Party to fight the dictatorship of Augusto Pinochet. But the crimes Mr Apablaza is accused of refer to events that took place after Chile had returned to democracy: planning the murder of Jaime Guzmán Errázuriz, a conservative senator and Pinochet ideologue, and the kidnapping of Cristián Edwards, the son of a newspaper owner, in 1991. Five months after the warrant was filed, Argentine authorities detained Mr Apablaza in a Buenos Aires suburb, where he had been living under a pseudonym with his wife, Paula Chaín. Chile requested his extradition, and Mr Apablaza applied for asylum. After seven months, a federal judge denied the extradition request and he was released. But the Chilean government appealed to Argentina's Supreme Court, which said it would not rule until the asylum question had been settled. Mr Apablaza remained free in the meantime.

Last month, in a televised interview, another former FPMR leader said that Mr Apablaza was a ringleader in Mr Guzmán's murder. The ensuing pressure from Chile led Argentina's Supreme Court to reverse its decision. Since Mr Apablaza's alleged crimes were not political and occurred after Chile's dictatorship had ended, the court said on September 14th that it would approve the extradition unless Ms Fernández granted him asylum.

This put the president in a bind. Among her staunchest supporters are the Mothers of the Plaza de Mayo, a group that protested the kidnappings of their children during the dictatorship but later became an extreme leftist organisation. Its leader, Hebe de Bonafini, claims Mr Apablaza cannot get a fair trial in Chile because a harsh Pinochet-era anti-terrorism law remains on the books. Ms Fernández has her own ties to Mr Apablaza: Ms Chaín works in her press office.

But denying the request looks like a bigger risk. It would severely strain relations with Chile, and weaken Argentina's moral authority to request extraditions itself—like those of eight Iranians accused of masterminding the 1994 bombing of a Jewish community centre in Buenos Aires. It would also support the suspicion that the Kirchners' supposed commitment to justice was merely an excuse to settle old scores.

Ms Fernández quickly made up her mind. On September 30th, Argentina's National Commission for Refugees recommended that Mr Apablaza be granted asylum. One reason, it said, was that since Mr Apablaza was “a political militant” and “a fighter against the dictatorship” he was “not a common citizen”—an implicit argument that former guerrillas should be above the law forever. Ms Fernández said she would follow the guidance of the commission's theoretically independent technocrats. But its voting members are all representatives of ministries controlled by the executive branch.

Chile is predictably outraged. Its president, Sebastián Piñera, who happened to be in Buenos Aires when the recommendation was announced, called it a “step backwards for justice and human rights in my country.” The foreign ministry has summoned Argentina's ambassador in Santiago to explain the decision. But former guerrillas across Latin America are surely breathing easier now that it seems they can take shelter in a country whose “inalienable principles”, in Mr Kirchner's words, include “the permanent fight against impunity”.

Being an argentinean citizen, i fell ashamed of our President and his actions. I apologize to the Republic of Chile.
In addition, the argentinean gov supports people such as Hebe de Bonafini, among many other clowns, who´s only job are to spread hate and resentment.
Fortunately, the Kirchner time is close to an end and we will be able to start working in peace and armony.

As Argentinean I beg our Chilean brothers to forgive us for this decision taken by an authoritarian an populist government who is used to double standards. Unfortunately we as a country have pay the consequences of their outrageous decisions. I must say that the Supreme Court did granted the extradition of this criminal, but the CONARE –an organism composed by representatives of the Government- under instructions of the President denied the extradition. I must point out that the MIR –chilean guerrilla- had links with the ERP and Montonero –marxist and peronist guerrilla of Argentina during the 70-. Many former Montonero Officers are now members of the government –including the member of the House of Representatives Mr. Kunkel. In Argentina history has been sadly rewritten and the truth has been distorted. Let me quote this sad example: On the 5th of October of 1975, during the constitutional peronist government of Isable Peron, a “Montonero” (peronist oriented guerilla) commando attacked a military base in the northern province of Formosa. During the fight 10 drafted soldiers and 2 officers were killed while defending the base. 14 guerrilla fighters died during the shooting. “Most of the dead guerrilla fighters during combat in the military base have been added to the Appendix of the NEVER AGAIN, listings of disappeared and tortured people during the military dictatorship -1976/1982- that have been updated by the Kirchner administration, and their names have been placed in the Memorial of the Victims of State Terrorism, and their heirs have been awarded with State compensations equivalent to U$D 160.000 –figure corresponding to march 2010-. In the other hand, the soldiers that died defending the military base during a constitutional and peronist government are barely remembered only in the province of Formosa and their parents have to manage themselves with a monthly pension that at march 2010 was equivalent to USD 200.” (“OPERACIÓN PRIMICIA” Ceferino Reato, Ed. Sudamerica, pag. 187-188.) Sad, isnt it?

Probably he should be pardoned by the Chilean government in order to not escalate the thing further... These kind of cases always make me wonder what the "right" thing to do is.

I go on shopping trips to Las Condes (a fancy neighbourhood in Santiago) and I ask myself how many of those polite well dressed old men in wool suits were bloodthirsty generals and torturers 35 or 40 years ago.

This is the result of the dumb aproach to human rights that the Latinamerican left has succesfully made the only intepretation: That since it is the state's duty to guarantee human rights, only the state is capable of violating them. This excludes all the groups the leftloves to defend and romaticize about, like the FARC, ETA and other millitant guerrillas. Trouble is that this excludes the common citizen and thus it lives the impression that Human Rights are only the privilege of criminals and not for the common folk; the sad but very real perception of most Latin Americans.

This will keep the Kirchners on the 'A List " with the rest of the Smart Set of the whole sick liberal /leftist crew . Just to think rubbing elbows with Jimmy Carter , the Betancourt gal ,the Salahi's : what a life to lead . Better justice even Dante could not imagine .

What anotherworldispossible fails to say is that the argentine judge in Prat´s case agreed to hand the case to the chilean justice, which in turn condemned the accused. I haven´t heard yet that the argentine government will try this person for his crimes. Why, he might even be rewarded with a pension for his "deeds", being a political refuge!!!
In Pinochet´s case the investigations went on until his death.

...as a chilean who frequently travels to Argentina, I do know how this nefarious government acts. I know the majority of argentinians reject this kind of impunity. Madres de Plaza de Mayo routinely supports criminal and terrorist organisations such as the Colombian guerrillas. On the economic level, it will be business as usual. On political terms links have been permanently ruined until a new governmet takes power.

In Chile the bad guys are still on the street. There is no impunity. If Pinochet was alive he would still be untouchable.
I believe Chile needs to have the standards of justice seen in argentina before receiving this man.
This man is accused of killing an apologist for the attrocities that happened in Chile and for kidnapping an executive from el mercurio.

Imagine if someone killed Goebbels during the third reich. Would the killer be a hero or a terrorist?
I feel the same way about Apablaza.

Mr. Matias T,
with all the respect that you deserved, i am sorry if i completely disagree with you. But how would you call an organization that the only thing that does is to support Hugo Chavez, Fidel Castro and the FARC. Complaints about private companies, farmers and people that does not thinks as they do. And that if you are not with them or think like them, you are against nature. If that is not "extreme leftist" then please suggest a better name.

As an argentinian, and besides Apablaza's issue, i completely disagree with the phrase in which you almost insult Madres de Plaza de Mayo by calling them and "extreme leftist organization". I hope the writer of the article gets to know their history, because that sentence shows a complete lack of respect.

@MML1980
“Regards to the thousands of innocents, let’s try to be realistic. A big part of those thousands of innocents, were members of so called "revolutionary" groups (synonym of guerillas or guerrilleros) who wanted to impose a political way of life through fear and terror.”

False. Most of the victims were just free thinkers, journalists, philosophers, common people whose wealth was coveted by the military, artists, teachers, teenagers, etc.

A small percentage were terrorists. But killing them without a fair trial is also a crime. No excuses.

The assassination of Carlos Prats and his wife Sofía Cuthbert, that took place in Buenos Aires in 1974, was planned and executed by the DINA terrorists, who went from Chile to Buenos Aires, in perfect knowing and approval from Pinochet and other dictatorship authorities.

They used a remote commanded bomb that put under the car of general Prats and his wife and was exploded with a remote device.